In a recent case a Supreme Court bench comprising of Justice Dipak misra and Justice Prafulla C pant...........

Legal Concepts Family Law

In a recent case a Supreme Court bench comprising of Justice Dipak misra and Justice Prafulla C pant held that the amount of maintenance to be awarded under section 125 or CrPC cannot be restricted for the iddat period (three months) only as the inherent and fundamental principal behind section 125. Also it said that an order under section 125 Cr.PC can be passed if a person, despite having sufficient means, neglects or refuses to maintain the wife.

Shamina Farooqui v. Shahid khan

Mohd Ahmad Khan v. Shah Bano Begum.

Hamida Bano V Abdul Raseed.

Abdul Kadir v Salima.

Explanation:

HAMIMA FAROOQUI v. SHAHID KHAN
SUPREME COURT, NEW DELHI
DIPAK MISRA J; PRAFULLA C PANT J
[CRIMINAL APPEAL NO: 564-565-2015]
6 APRIL 2015

MARRIAGE: Maintenance - Reduction in amount of maintenance - Respondent a retired military officer - Whether High Court's order of reducing maintenance allowance was sustainable - Whether there was justification to reduce maintenance

The appellant wife ('the appellant') and the respondent husband ('the respondent') were married on 26 April 1992. During her stay at the matrimonial home, the appellant was prohibited from talking to others, and the respondent not only demanded a car from the family but also started to harass the appellant. Later, the appellant came to learn that the respondent was having an affair with another woman. As the situation gradually worsened, the appellant left the matrimonial home. The appellant filed an application for grant of maintenance at the rate of Rs.4,000 per month on the basis that the respondent was working on the post of Nayak in the army and received salary as well as other perks. The Family Court decided in favour of the appellant and directed the respondent to pay a sum of Rs.2,500 as monthly maintenance allowance from the date of submission of application till the date of judgment and thereafter Rs.4,000 per month from the date of judgment till the date of remarriage. In the criminal revision before the High Court, the learned judge took note that the respondent had retired on 1 April 2012 and consequently reduced the monthly maintenance allowance by 50% to Rs.2,000. The issue that arose was whether the High Court's order of reducing the maintenance allowance after the retirement of the respondent was sustainable.